Udumalai Nadar Uravinmuraiyar Sangam v. The Inspector General Of Registration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.01.2019
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P. NO.1085 of 2019 and WMP.No.1221 of 2019 Udumalai Nadar Uravinmuraiyar Sangam, Represented by its Secretary Reg. No.17/84, Door No.81, Sadhasivam Pillai Veedhi, Udumalaipettai, Tiruppur District-642 126.
.. Petitioner .Vs.
1. The Inspector General of Registrations, Registration Department, No.100, Santhome High Road, Chennai-600 028.
2. The District Registrar(Administration) O/o. District Registrar, Postal Colony, Near Sivan Theater, Tiruppur-641 602.
3.R.S.Venkatesan 4.A.Rajkumar 5.Dr.Sivakani .. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to consider and pass an order in the statutory appeal filed by the petitioner dated 31.01.2014 so as to accept and take on the file the Form VII submitted by the petitioner. For Petitioner : Ms.S.Kala For R1 & R2 : Mr.T.M.Pappiah Special Government Pleader
O R D E R
By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal, at the admission stage itself. Mr.T.M.Pappiah, the learned Special Government Pleader takes notice for the Respondents 1 and 2.
2.The petitioner has come up with this Writ Petition seeking a direction to the second respondent to pass an order in the statutory appeal filed by the petitioner dated 31.01.2014 so as to accept and take on the file the Form VII submitted by the petitioner.
3. According to the learned counsel for the petitioner, the petitioner being a registered society conducted election and the list of members and the office bearers of the sangam were sent for approval and registration under Form VII, to the second respondent. But, the second respondent refused to receive the same, vide proceedings dated 02.12.2013. As against the same, a statutory appeal was filed before the first respondent under the Societies Registration Act on 31.01.2014. Since, the same has not been considered till date, left with no other option, the petitioner came forward to file this writ petition seeking for the aforesaid relief.
4. Heard Mr.T.M.Pappiah, learned Special Government Pleader who accepts notice on behalf of the respondents 1 and 2.
5. Considering the facts and circumstances of the case and having regard to the submissions made, without going into the merits of the case, this Court directs the * First respondent to pass orders on the appeal filed by the petitioner dated 31.01.2014, on merits and in accordance with law, after issuing notice to the petitioner, the respondents 3 to 5 and also affording due opportunity of hearing to them as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.
6. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.
-s/d- Assistant Registrar(CS-IV) * Amendment carried out as per 31.01.2019 order dated 28.03.2019 in WMP.No.8785 of 2016 in WP.No.1085 of 2019 Sd/- Assistant Registrar (CS IV) Dated 03.04.2019 True Copy Sub-Assistant Registrar arr/mpa
To
1. The Inspector General of Registrations, Registration Department, No.100, Santhome High Road, Chennai-600 028.
To be Substituted Order already
2. The District Registrar(Administration) Despatched on O/o. District Registrar, 21.02.2019 Postal Colony, Near Sivan Theater, Tiruppur-641 602.
+1 CC to M/s.S. Kala, advocate sr.29973 +1 CC to Govt. Pleader, sr 4026.
W.P. NO.1085 of 2019 and WMP.No.1221 of 2019 AD(CO) SP(01/02/2019) CS/04/04/2019